OpenJurist

382 US 283 Albanese v. N V Nederl Amerik Stoomv Maats

382 U.S. 283

86 S.Ct. 429

15 L.Ed.2d 327

Anthony ALBANESE
v.
N. V. NEDERL. AMERIK STOOMV. MAATS. et al.

No. 523.

INTERNATIONAL TERMINAL OPERATING CO., INC.

v.

N. V. NEDERL. AMERIK STOOMV. MAATS. et al.

No. 557.

N. V. NEDERL. AMERIK STOOMV. MAATS.

v.

Anthony ALBANESE et al.

No. 654.

Supreme Court of the United States

December 13, 1965

Rehearing Denied No. 557 Jan. 31, 1966.

See 382 U.S. 1030, 86 S.Ct. 644.

Rehearing Denied No. 523 Jan. 17, 1966.

See 382 U.S. 100, 86 S.Ct. 534.

Philip F. DiCostanzo and Robert Klonsky, for petitioner Albanese.

Sidney A. Schwartz and Joseph Arthur Cohen, for petitioner International Terminal Operating Co.

Edmund F. Lamb, for N. V. Nederl. Amerik Stoomv. Maats.

Arthur J. Mandell, for American Trial Lawyers Ass'n, Admiralty Section, as amicus curiae.

On Petitions for Writs of Certiorari to the United States Court of Appeals for the Second Circuit.

PER CURIAM.

1

The motion of the American Trial Lawyers Association for leave to file a brief, as amicus curiae, is granted. The petition for certiorari in No. 523, Albanese v. N. V. Nederl. Amerik Stoomv. Maats., is also granted.

2

We believe that the judgment of the Court of Appeals setting aside the judgment for petitioner Albanese on the ground that the trial court incorrectly charged the jury on the issue of negligence is erroneous. Gutierrez v. Waterman S. S. Corp., 373 U.S. 206, 83 S.Ct. 1185, 10 L.Ed.2d 297.

3

In its opinion the Court of Appeals also stated that the District Court incorrectly instructed the jury as to the applicability of the Safety and Health Regulations for Longshoring1 on the question of the shipowner's liability. But we do not read that court's opinion as making this an independent ground for ordering a new trial. So we not only reverse the judgment of the Court of Appeals in the case of Albanese but reinstate the District Court's judgment in his favor.

4

The petitions in No. 557, International Terminal Operating Co. v. N. V. Nederl. Amerik Stoomv. Maats.; and No. 654, N. V. Nederl. Amerik Stoomv. Maats. v. Albanese, are denied. It is so ordered.

5

Petitions denied.

6

Mr. Justice HARLAN would have denied certiorari in No. 523, Albanese v. N. V. Nederl. Amerik Stoomv. Maats., but the writ having been granted, he would have set the issues for plenary consideration. He concurs in the denial of certiorari in No. 557, International Terminal Operating Co. v. N. V. Nederl. Amerik Stoomv. Maats., and No. 654, N. V. Nederl, Amerik Stoomv. Maats. v. Albanese.

1

29 CFR § 9.1 et seq. (1963), now 29 CFR § 1504.1 (1965), promulgated by the Secretary of Labor under the authority of Public Law 85-742, 72 Stat. 835, 33 U.S.C. § 941 (1964 ed.).